Employee Left Without Notice After Payday: What Legal Steps Can We Take?

Hi,

One of my company's employees has left the job after drawing the salary without serving any notice. He has joined another company. What kind of legal action can be taken against such an employee?

Thanks,
Javeed

It won't be worthwhile to take legal action. You need to act smartly. Issue him a letter stating that he won't be issued a relieving letter until he returns the money. His full and final settlement has been done, and he owes money to the company. Don't process his PF money. (Don't mention on the letter legally it's wrong; you cannot stop PF) but keep on delaying his request on some ground or the other. Stop all the payment that needs to be made to him. Ask him to attend the office and get his no dues certificate or else you would issue him a termination letter instead and won't give a bad opinion in case a reference check comes. Try to put pressure on him and instigate fear in him so that he returns the money.

The employee has shown that he is not law-abiding, and the truth is that even the current employer will have the same problem. Write a letter of demand to him to pay you in lieu of notice and state the expected date of response from him. You are also at liberty to write to his employer that your employee owes us money, and we request that you deduct from his pay, with his consent though. This will raise a red flag to him that you are a serious employer who wants employees to follow laws. Imagine if you terminated him without giving notice or payment in lieu of notice? You would have been in court by now. The same principle should apply.

Cheers,

Regards,
Banda Maxwell
HR Consultant - Zambia

The case you posted is a typical one. Consider his age and evaluate whether it would be fruitful to take action. If he is a fresher, he may not even understand the seriousness of your threat. It might be best to just forget it, recruit someone else, and let him be in peace.

Regards,
Rajan Associates

One of the employees left the company 2 months ago, but he is still using our database. We need to send a legal notice to him. Could you please let me know the procedure for issuing a legal notice?

Regards,
Jay